Tenant Considerations in a Commercial Lease
Commercial leases generally have many more complexities than the average residential lease, and are oftentimes involve and require significant negotiation. This article will look at a few of the many...
View ArticleCo-ownership of Real Property – Fighting the Partition Action Can Cost You.
There is a fundamental premise in California law that a co-owner of real property has the right to sever the co-ownership at any time by forcing a sale of the property through partition. The only...
View ArticleNew Law: Landlords in Foreclosure Must Disclose Default to Prospective Tenants
Normally a tenant would not learn that his or her unit was in foreclosure until very late in the foreclosure process, when the notice of trustee’s sale is posted on the front door. However, on...
View ArticleNegotiating Commercial Leases – Back to Basics
Understanding Square Footage and How it Affects Your Lease Previously, my colleagues wrote blogs regarding commercial leasing considerations for tenants and commercial evictions, but today I am going...
View Article2014 New Laws Impacting Real Estate – Part 1
Another year, another set of new or revised laws. There are 100s of new or revised laws this year for California, several of which impact the real estate community. Over the next few weeks, we will...
View ArticleCourt Limits Class Action Suits Against Landlords
In a recent Second Appellate District ruling, the court made it more difficult for tenants to sue landlords in class action lawsuits. In. Hendleman v. Los Altos Apartments, the appellate court upheld...
View ArticleCreditor Victory in Collection against California Guarantor
In a case of first impression California, the Court held that the creditor can attach to the proceeds of the sale of property even if the property itself was excluded from guaranty. [Series AGI West...
View ArticleNew ADA Requirements for Commercial Properties
As of July 1, 2013, a new lease disclosure requirement added one more responsibility for owners and lessors of commercial property. Civil Code Section 1938, part of the legislation designed to limit...
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Commercial Leases Blog Series
The attorneys at Brewer Offord & Pedersen LLP put together a Commercial Leases Blog Series. Whether you are a tenant or a landlord, we hope that you will find these blogs, written by our...
View ArticleSo you Want to be a Landlord
For many people, their first experience with becoming a landlord is a bit of an accident. They buy a new house and decide to lease out their former place until the housing market improves, or they...
View ArticleLender is Responsible for the Condition of the Property Following a Foreclosure
Joseph Erlach rented a bedroom and bathroom in a house located in Monterey. He entered into an agreement with the original owner, Mary Schwann, to rent the property for seven months with the lease...
View ArticleCourt Finds that Notices of Rent Increase Are Not Necessary for Resident...
Ceceilia Drumea (“Drumea”) was the resident property manager at an apartment building in Los Angeles for 18 years. Prior to serving as the property manager, she was a tenant at the property for one...
View ArticleCourts Give Landlord Relief From Rent Control Ordinances
Lakeesha Lyles (“Lyles”) was a tenant living in a rent controlled apartment in Los Angeles since 2003. Her landlord, Denise Sengadeo-Patel (“Patel”), failed to send her a copy of a rental unit...
View ArticleCourt Affirms that Res Judicata Applies to Stipulated Judgments in Unlawful...
In April of 2008, Jeffrey Needelman (“Tenant”) entered into a lease agreement with DeWolf Realty Co., Inc. (“Landlord”) for an apartment in San Francisco. After the lease expired, Tenant continued on...
View ArticleAre Short Term Rentals for You?
Short term rentals are becoming big business, and California and the Bay Area are no exception. Companies such as Airbnb and VRBO have grown to become massive entities and have drawn a great deal of...
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Investment Property Blog Series
Brewer Offord & Pedersen LLP put together an “Investment Property Blog Series.” We hope you find the information in this series to be informative as it covers important infomation surrounding...
View ArticleCourt Clarifies that an Eviction is not a Protected Activity
Monira Ulkarim, a tenant in a shopping mall, had a year-long lease with her landlord, Westfield. In the middle of the tenancy, the landlord served Ulkarim with a notice of termination of the lease....
View ArticleCourt Holds That Landlord is Not Allowed to Evict a Tenant for an Immaterial...
Juan Juarez (“Tenant”) lived in a rent-controlled apartment complex owned by Boston LLC (“Landlord”) for more than 15 years. Although his lease required him to obtain renter’s insurance, Tenant did...
View ArticleAirbnb Rental Held to Constitute an Illegal Use of Property
AirBNB (and similar rental sites) have been omnipresent in the news for the last few years. Controversy has arisen in many cities as regulations and restrictions have been implemented. The recent...
View ArticleCourt Denies a Landlord’s Ability to Change House Rules in San Francisco
Margaret Foster (“Foster”) lived in the same apartment in San Francisco for more than 40 years. In 2011, her building was bought by W.J. Britton & Co., Inc. (“Britton”). As part of new...
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